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(영문) 서울중앙지방법원 2018.04.06 2017고단1977
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On January 23, 2015, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Central District Court on August 23, 2015, and the judgment became final and conclusive on the 31st day of the same month.

[2] On September 30, 2014, the Defendant, at the office located in Gangnam-gu Seoul on September 30, 2014, is preparing for the chain store with an implied material manufacturing factory in Busan as the representative director of G G in the Republic of Korea.

At this time, chain points are scheduled to be opened in H, and the party will return KRW 11 million to one month if it lends KRW 10 million to the party.

“.....”

However, since the defendant planned to use the money received from the injured party for other purposes, he did not have the intent or ability to pay the principal and interest to the injured party by opening chain points according to the promise.

Nevertheless, the defendant deceivings the victim as above and received 10 million won from the victim, namely, from the victim, to the Suhyup account in the name of the defendant.

In addition, the Defendant received a total of KRW 62 million from that time until November 4, 2014, as shown in the list of crimes in the attached Table, from that time, on three occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness F legal statement;

1. Application of Acts and subordinate statutes to loan certificates and bill processes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 62 (1) of the Criminal Act (including agreement, etc.);

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